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Collections Law/Baker & Miller Summons on behalf of Discover Card

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Expert: Creditwrench - 7/17/2009


Question
We were served with an Arbitration Case Summons from Baker & Miller, PC. On behalf of Discover Card.  We are wanting to see copies of all of our charges, fees, and interest.  I am not sure how to proceed in “ANSWERING” before the 20 day deadline.  In “answering’ are there legal papers that have to be filed or is “answering” merely writing a certified letter to the attorneys? The amount is $8986 plus $350 attorney's fees.  Is there any way to settle for a lesser amount.  The principal on the account can't possibly be more than $6750.  Also, our credit report shows this account with a zero balance, and has for at least the last 8 months. I can't even tell you the last time we received any statements or communication from Discover.

Answer

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You can find out how to answer the summons here. http://docs.google.com/View?id=dfbnbmv_3963kdwsdz it  will tell you all the steps you need to take. Is there anyway to settle for a lesser amount? Maybe. I can't tell you about that. You would have to contact the lawyer to find out about that.

Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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